Legal Question in Real Estate Law in California

I am disputing the amount that my landlord returned for my rental security deposit. I have sent a letter to my landlord asking for invoices and a detail of the deducted amount. Is it ok to cash the check that was sent to me? Does cashing it imply that I accept this amount for my deposit in full?


Asked on 9/04/14, 9:43 am

3 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

It's OK to cash the check unless the landlord has written something thereon such as "repayment in full" or "final settlement." If there is anything like this tending to characterize the purpose of the check as a full settlement, I'd advise not cashing the check, or at least crossing off the words. See Civil Code section 1526 re the effect of accepting and cashing "paid in full" checks or drafts.

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Answered on 9/04/14, 9:56 am
Paymon Bidari Bidari Civil Defense

I would add: "Amount in dispute" on the memo line of the check when you cash it. Nothing wrong with cashing check unless otherwise stated on the check.

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Answered on 9/04/14, 10:09 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

You should note on the check that yo "dispute" the check. Just write on the memo section " AMOUNT IN DISPUTE".

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Answered on 9/04/14, 12:32 pm


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